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1. [2021] NZEnvC 110 Gibbston Vines Limited v Queenstown Lakes District Council [pdf, 703 KB]

   ...stay; ( d) the effect on third parties; (e) the novelty and importance of the questions involved; (f) the public interest in the proceeding; (g) the overall balance of convenience; and (h) the apparent strength of the appeal. [SJ In terms of those matters, the bona fides of GVL is not disputed and neither the novelty and importance of the questions involved nor the apparent strength of the appeal arise for consideration. Resource Management Act 1991. Se/11y11 Q11anies Ll111iled JI...

2. DS v WH LCRO 163 / 2010 (16 August 2011) [pdf, 92 KB]

   ...DS’s assertion that Mr WH had breached Rule 13.4 [this should be a reference to Rule 13.5.4]. 2. Mr WH’s submissions had an evidential foundation and a clear factual basis. 3. The complaint appeared to be an attempt by Mr DS to re-litigate the matter. [7] The Applicant has applied for a review of that decision and asserts that there is no evidential foundation to support the submission made to the Court. He requested that the matter be properly and honestly investigated and th...

3. CEIT Practice Notes [pdf, 332 KB]

   ...inquisitorial, enabling it to investigate the claim in a non- confrontational way • subject to the principles of natural justice to ensure that its processes are fair and transparent. From the outset, the parties will be encouraged to work together on matters that are agreed. The Tribunal is governed by the Canterbury Earthquakes Insurance Tribunal Act 2019 (“the Act”). These Practice Notes have been prepared by the Chair in accordance with clause 2 of the First Schedule to the A...

4. [2022] NZEnvC 258 Southland District Council v Chartres [pdf, 279 KB]

   SDC v CHARTRES – COSTS DECISION IN THE ENVIRONMENT COURT AT CHRISTCHURCH I TE KŌTI TAIAO O AOTEAROA KI ŌTAUTAHI Decision No. [2022] NZEnvC 258 IN THE MATTER of the Resource Management Act 1991 AND an application for enforcement orders under s314 and s316 of the Act BETWEEN SOUTHLAND DISTRICT COUNCIL (ENV-2020-CHC-109) Applicant AND PETER DONALD CHARTRES AND CP TRUSTEES LIMITED Respondents Court: Environment Judge P A Steven Hearing: In Chambers at Christchurch...

5. Proactive Release - Cabinet Paper for arbitrating commercial lease disputes [pdf, 714 KB]

   ...these options. 22.3 the clause should also include a list of other types of measures that could be negotiated, such as a rent deferment, if that is fair in the circumstances. The clause would therefore enable the parties to negotiate about these matters if they wish to, but this negotiation would not be mandatory. There will be clear statutory rules for interpreting the implied clause 23 The legislation would also provide guidance for what factors should be considered in interpreting an...

6. Harawira v New Zealand Management Academies Limited & McAuley (Strike Out) [2024] NZHRRT 59 [pdf, 249 KB]

   ...appealed the decision to strike out his claim to the Court of Appeal. The appeal was dismissed with the following observations regarding conduct in judicial proceedings: [17] Limits are enforced because it is inimical to the administration of justice to permit abusive behaviour in a public forum where speech is protected by absolute privilege. Misuse of the judicial process causes unfairness for others involved, including the opposing party. It also undermines public confidence in t...

7. Regulatory Impact Statement all-of-Government Response to Organised Crime [pdf, 331 KB]

   1 Regulatory Impact Statement All of Government Response to Organised Crime Agency disclosure statement This Regulatory Impact Statement (RIS) was prepared by the Ministry of Justice. It provides an analysis of proposals arising from the organised crime strategy - Strengthening New Zealand’s Resistance to Organised Crime: An all-of-Government Response published in August 2011. The proposals in this paper focus on ensuring New Zealand maintains an effective regime for ta...

8. [2012] NZEmpC 54 Maritime Union of NZ Inc v Ports of Auckland [pdf, 109 KB]

   MARITIME UNION OF NEW ZEALAND INC V PORTS OF AUCKLAND LIMITED NZEmpC AK [2012] NZEmpC 54 [27 March 2012] IN THE EMPLOYMENT COURT AUCKLAND [2012] NZEmpC 54 ARC 13/12 ARC 17/12 IN THE MATTER OF an application for declaration, proceedings removed from Employment Relations Authority AND IN THE MATTER OF applications for interim injunctions BETWEEN MARITIME UNION OF NEW ZEALAND INC Plaintiff AND PORTS OF AUCKLAND LIMITED Defendant Hearing:...

9. Cassidy v Patene - Te Rangirunga Wi Patene (2016) 349 Aotea MB 51 (349 AOT 51) [pdf, 270 KB]

   ...personal needs including glasses, teeth and other medical expenses. He says that due to his health he is not able to carry out simple tasks unaided. Mr Patene also points out that over the years he has assisted his children financially with various matters and has been content to do so out of love and affection for them. The Law [16] The application was filed under s 18(1)(a) of the Act: 18 General jurisdiction of court (1) In addition to any jurisdiction specifically conferred...

10. Hearn v Parklane Investments Limited [pdf, 45 KB]

    ...litigation in defiance of reason or common sense. 11. A further consideration noted by Adjudicator Kilgour at para [29] is s 57(2) which requires that in managing proceedings under the Act, the Tribunal must comply with the rules of natural justice. The rules of natural justice mandate that the parties have a right and opportunity to put their case and to be heard. Bad faith 12. This matter was discussed by Adjudicator Ruthe in Brodav Ltd & Cook Family Trust v Water...